Eoin Higgins v. Pittsfield, City of - Police Department (SPR 20253272)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 19, 2025 SPR25/3272 Abigail Hunt Records Access Officer Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201 Dear Ms. Hunt: I have received the petition of Eoin Higgins appealing the response of the Pittsfield Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 15, 2025, Mr. Higgins requested: [A]ny and all materials related to the escape of [an identified individual] from the Jones 3 Ward of Berkshire Medical Center on February 9, 2006[, i]ncluding, but not limited to: [1] Contemporaneous police reports and investigation[;] [2] Ongoing investigation[;] [3] [An identified individual]’s actions before and after his escape. Previous Appeal This request was the subject of a previous appeal. See SPR25/3199 Determination of the Supervisor of Records (November 6, 2025). In my November 6th determination, I ordered the Department to respond to the request. Subsequently, the Department responded on November 6, 2025. Unsatisfied with the Department’s response, Mr. Higgins petitioned this office and this appeal, SPR25/3272, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Abigail Hunt SPR25/3272 Page 2 November 19, 2025 records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Department’s November 5th response On November 6, 2025, the Department sent Mr. Higgins a letter dated November 5, 2025. In its November 5th response, the Department states, “[t]here is insufficient information to locate this record, or this record does not exist.” Current Appeal In his appeal petition, Mr. Higgins argues the following: It is unclear if there is insufficient information and the record exists, or if the record does not exist. [An identified individual]’s escape was documented in local media—see here—and preceded his murder of [an identified individual] in Hillsdale on Feb. 11, 2006. I find it hard to believe the escape was not at least investigated by the Pittsfield Police Department, but it’s hard to know from this vague response. Records in Existence The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157, 165 (May 18, 1977). In accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5).

Abigail Hunt SPR25/3272 Page 3 November 19, 2025 In this case, based on the Department’s response, and the information provided in the requestor’s appeal petition, it is unclear whether the Department possesses records responsive to the request. If the Department does possess responsive records, it must either provide the records, or cite an exemption to the Public Records Law, and explain with specificity how such an exemption applies to withhold or redact the records. See G. L. c. 66, § 10(b)(iv) (a written response must “identify any records, categories of records or portions of records that the agency or municipality intends to withhold, and provide the specific reasons for such withholding, including the specific exemption or exemptions upon which the withholding is based”). Conclusion Accordingly, the Department is ordered to provide Mr. Higgins with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Higgins may further appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Eoin Higgins